Terms of Use

Last Updated June 22, 2015

These are the terms of use ("Terms of Use") for your use of services or features on the sites owned and controlled by BAMO, LLC (hereafter "XsandOs" or X’s and O’s), including http://www.xsandos.net/. You may be accessing our Sites from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access. You may be using our interactive services ("Interactive Services"), such as our Ask the Expert or Ask the Doctor services (the "Q&A Service") and these Terms of Use govern your use of those Interactive Services.

XsandOs offers a safe place for you to shop for sexual devices without pornography, without graphic ads, to address the challenges of aging and to enhance rich, long term, loving and well-functioning relationships. XsandOs is dedicated to sexual health for those individuals over the age of 50.

THIS SITE IS FOR ADULTS ONLY. By using the Sites, you agree that you are at least 18 years of age and you will not allow any minor to access the Sites.

By using the Sites, you signify your agreement to these Terms of Use, our Privacy Policy and our guidelines and rules, whether or not you have read them. If you do not agree with any of these, you should not use our Sites.

XsandOs reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, guidelines and rules from time to time at any time, without notice, and in its discretion. If XsandOs decides to change these Terms of Use, XsandOs will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, guidelines or rules will be effective upon posting of the revisions. Your continued use of the Sites following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Sites. For this reason, you should frequently review these Terms of Use, our guidelines and rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.

We may also choose to interact with you on third party sites where we post content or invite your feedback, such as www.facebook.com or other social media platforms ("Third Party Sites"). Our Terms of Use and other areas of our Sites provide guidelines and/or rules in connection with our Interactive Services, including services that involve Third Party Sites, but XsandOs does not control those Third Party Sites, and these Terms of Use, and any guidelines and rules do not apply to companies that XsandOs does not own or control, or to the actions of people that XsandOs does not employ or manage. You should always check the terms of use posted on Third Party Sites.

Copyright

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright (c) 2015-present, BAMO, LLC, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of BAMO, LLC and XsandOs and protected by U.S. and international copyright laws. All software used on the Sites is the property of BAMO, LLC and XsandOs or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with XsandOs, using the Interactive Services or using the Sites as an educational resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of XsandOs is strictly prohibited.

Trademarks

XsandOs and X’s and O’s and all URLs, page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of XsandOs and may not be used in connection with any product or service that is not offered by XsandOs in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits XsandOs. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Product Information

All material and information presented by XsandOs is intended to be used for personal educational or informational purposes only. XsandOs does not conduct testing on products offered on its e-commerce store site. It assumes no liability for defects in products and offers no warranties for products manufactured by others. The statements made about products and/or treatments have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. If you have questions regarding the content or ingredients of any product offered on our Sites, you are encouraged to contact the manufacturers directly and perform your own research regarding such materials.

XsandOs provides product descriptions, content and ingredients based upon a variety of sources including manufacturers, distributors, and customer feedback or reviews. XsandOs is not liable for incorrect information provided to it by said sources.

The products displayed on the Sites can be ordered and delivered only within the U.S. and certain select countries. See the Shipping and Returns section of XsandOs Store for more information. All prices displayed on XsandOs are quoted in U.S. Dollars and are valid and effective only in the U.S. If any minor uses any goods or product from XsandOs, it should be only after the minor’s parent or legal guardian has expressly approved the purchase and use. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by XsandOs.

The products available on the Sites and the Interactive Services, including any samples XsandOs may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from XsandOs. XsandOs reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by XsandOs in its sole discretion.

Medical Information

Use of the Sites is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. XsandOs does not give or intend to give any answers to medical-related questions and these Sites do not replace any medical professional or medical resource. XsandOs does not represent itself as a physician nor is this implied. Any statements contained on the Sites which purport to be authored by a physician are intended solely as general educational and informational statements. No such statements are intended to be personal or specific in nature nor are such statements intended to establish a physician-patient relationship. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

Responsibility for your Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content").

XsandOs is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Interactive Services. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Interactive Services, is not controlled by XsandOs. XsandOs cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Interactive Services, you may be exposed to Content that may be offensive, indecent or objectionable and XsandOs shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will XsandOs be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Interactive Services.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. XsandOs reserves all rights not expressly granted in and to the Content.

Your Content Submissions

By submitting Content to xsandos.net, you represent and warrant that:

You understand that your Content will be available to all other users of the Sites, the Interactive Services and potentially Third Party Sites;

You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize XsandOs to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use);

All Content that you post is accurate;

You are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms of Use; and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit:

Is not false, inaccurate or misleading;

Does not harm minors;

Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;

Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;

Is not submitted for compensation or other consideration from any third party; "does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;

Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;

Is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and

Does not contain any computer viruses, worms or other potentially damaging computer programs or files.

XsandOs does not endorse any Content or any opinion, recommendation or advice expressed therein, and XsandOs disclaims all liability with respect to the Content.

If your Content includes ideas, suggestions, documents or proposals to XsandOs through the Interactive Services, (a) such Content is not confidential or proprietary and XsandOs has no obligation of confidentiality, express or implied, with respect thereto; (b) XsandOs may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from XsandOs under any circumstances unless you are otherwise notified by XsandOs in writing.

For any Content that you submit, you grant XsandOs a worldwide, perpetual, irrevocable, royalty-free, and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site.

Guidelines for Interactive Services

When writing a review for the XsandOs Store, or posing a question on the Q&A Service, please consider the following guidelines:

Focus on the product and your individual experience using it

Provide details about why you like or dislike a product; and

All submitted reviews, comments and questions are read by our moderators and are subject to these Terms of Use.

You may not use our Interactive Services to impersonate any person or entity, including, without limitation, any XsandOs official, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Interactive Services to collect or store personal data about other users.

As noted above, XsandOs reserves the right to not post a review or to withdraw a posted review for any reason. Your review will be excluded if it violates guidelines or the provisions in these Terms of Use regarding submission of Content generally.

Modification of Content

All Content that you submit is not confidential and may be used at XsandOs sole discretion. XsandOs may or may not pre-screen Content. However, XsandOs and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, XsandOs and its designees will have the right to remove any Content that XsandOs deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use or is otherwise objectionable. XsandOs does not guarantee that you will have any recourse through XsandOs to edit or delete any Content you have submitted. XsandOs reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ratings, written comments, questions and answers are generally posted within two to four business days. However, XsandOs reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not XsandOs, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of XsandOs, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

Reservation of Rights

XsandOs reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Interactive Services and the Sites and to block or prevent your future access to and use of the Interactive Services and the Sites. XsandOs may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of XsandOs (and its employees), its users and the public.

Disclaimer

XsandOs is providing the sites, their contents and the interactive services on an "as-is" basis and makes no representations or warranties of any kind, express or implied, with respect to the operation of the sites or interactive services, the information, content, materials or products, included on the sites or as part of the interactive services. To the fullest extent permitted by law, XandOs disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, XsandOs does not represent or warrant that the information accessible via the sites or the interactive services is accurate, complete or current. Price and availability information is subject to change without notice.

XsandOs will not be liable for any damages of any kind arising out of or in connection with the use of the sites or the interactive services. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Indemnification

You agree to defend, indemnify and hold harmless BAMO, LLC, XsandOs (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Sites and the Interactive Services; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Sites and the Interactive Services.

Applicable Law

The Sites and Interactive Services are created and controlled by BAMO, LLC (XsandOs) in the State of Michigan, U.S.A. As such, the laws of the State of Michigan will govern these Terms of Use, without giving effect to any principles of conflicts of laws. XsandOs reserves the right to make changes to the Sites and these Terms of Use at any time.

DMCA

If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide XsandOs the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the Sites;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

General

Any claim or dispute between you and XsandOs and/or BAMO, LLC that arises in whole or in part from the Sites or the Interactive Services shall be decided exclusively by a court of competent jurisdiction located Kalkaska County, Michigan. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and XsandOs failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

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The Author

Michael Bates, M.D.

Dr Bates practiced obstetrics and gynecology for 34 years in Wichita, Kansas, until his retirement in 2011.